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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for which a defendant with an intellectual |
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disability who is found incompetent to stand trial may be civilly |
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committed before the court holds a hearing to determine whether the |
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defendant's release is appropriate. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46B.107(d), Code of Criminal Procedure, |
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is amended to read as follows: |
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(d) The court may, on motion of the attorney representing |
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the state or on its own motion, hold a hearing to determine whether |
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release is appropriate. For each defendant who is committed to a |
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residential care facility under Article 46B.103, the court must |
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hold a hearing under this article at least once annually to |
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determine whether release is appropriate, regardless of whether the |
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court has received the notice described by Subsection (b) from the |
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head of the facility. The court shall determine whether release is |
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appropriate under the applicable criteria in Subtitle C or D, Title |
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7, Health and Safety Code. The court may conduct the hearing: |
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(1) at the facility; or |
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(2) by means of an electronic broadcast system as |
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provided by Article 46B.013. |
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SECTION 2. Section 593.052, Health and Safety Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) For a defendant found incompetent to stand trial and |
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committed under Subchapter E, Chapter 46B, Code of Criminal |
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Procedure, the order must state that the commitment of the proposed |
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patient for care, treatment, and training to a state supported |
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living center is authorized for a period of not more than 12 months. |
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An order described by this subsection may be renewed for additional |
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12-month periods only at a hearing described by Article 46B.107(d), |
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Code of Criminal Procedure. |
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SECTION 3. Subchapter C, Chapter 593, Health and Safety |
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Code, is amended by adding Section 593.0521 to read as follows: |
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Sec. 593.0521. NOTIFICATION ABOUT ANNUAL HEARING |
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REQUIREMENT REGARDING CERTAIN PATIENTS. (a) Not later than |
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September 1, 2016, the Department of Aging and Disability Services |
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shall send to the applicable committing courts written notification |
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about the annual hearing requirement, as described by Article |
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46B.107(d), Code of Criminal Procedure, that applies to each |
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resident of a state supported living center or the Rio Grande State |
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Center who has been committed in accordance with Subchapter E, |
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Chapter 46B, Code of Criminal Procedure. |
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(b) This section expires September 1, 2016. |
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SECTION 4. A court with jurisdiction over a defendant with |
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an intellectual disability committed to a state supported living |
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center or the Rio Grande State Center who has been a resident of the |
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center and against whom charges are still pending in the court |
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shall, as soon as practicable and not later than September 1, 2016, |
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hold the hearing required by Article 46B.107(d), Code of Criminal |
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Procedure, as amended by this Act. |
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SECTION 5. This Act takes effect September 1, 2015. |